Overview
- The Department of Homeland Security published two related Federal Register actions on Oct. 14, 2026: a proposed rule to remove USCIS's deference rule for I-129 petitions and a final rule ending certain automatic Employment Authorization Document extensions.
- The proposal would repeal 8 CFR 214.1(c)(5), which instructed adjudicators to give weight to prior favorable I-129 determinations, and it applies across nonimmigrant worker categories; the public may comment through Nov. 13, 2026 at Regulations.gov (Docket No. USCIS-2026-0529).
- DHS's regulatory analysis expects the end of deference to increase Requests for Evidence by about 6,044 per year and points to higher fraud and noncompliance rates in workplace inspections during prior-deference periods as justification.
- The finalized EAD rule ends up-to-540-day automatic extensions that had allowed renewal applicants to keep working while USCIS adjudicated cases, and DHS estimates 20,000 to 33,000 EADs could expire before renewal in the first 18 months, imposing costs on workers and employers.
- Workers affected include holders of H-1B, L-1, H-2, TN, O/P and E-category petitions and dependents who rely on EADs such as some H-4 spouses and asylum applicants; employers, legal advocates and petitioners should prepare for more documentation requests and potential temporary staffing gaps.